What is negligence? This is a question that often comes up in personal injury cases. In general, negligence is when someone fails to meet their duty of care. This can mean many different things, depending on the situation. In this blog post, we will discuss the basics of negligence and how it can play a role in your personal injury case.
Negligence
Negligence is often defined as an act or omission of reasonable care in a situation where one party has a responsibility to another. This means that if one person’s action or inaction causes harm to another, they may be held liable for negligence. For instance, if a driver was driving recklessly and caused an accident that resulted in personal injuries, they could be found negligent.
Proving Negligence
To prove negligence in court, four elements must be present:
- Duty of care,
- Breach of duty,
- Cause of action, and
- Damages.
Duty of care refers to the obligation someone has toward others to take reasonable precautions against potential harm.
Breach of duty occurs when someone fails to meet the expected standard of care and causes injury or damage due to their negligence.
Cause of action is when an injured person can prove that a negligent party was responsible for causing them harm.
Damages refer to the losses that an injured person has incurred, such as medical bills or lost wages.
Negligence Can Be Intentional or Unintentional
Negligence can be either intentional or unintentional. Intentional acts are those done with the knowledge and intention of causing harm to another. Unintentional acts are those in which the wrongdoer did not intend to cause any harm, but still failed to meet their duty of care and resulted in injury or damage to another person.
Negligence in Personal Injury Cases
Negligence plays an important role in personal injury cases because it establishes liability for damages suffered by an injured party. If you believe that you have been harmed due to another person’s negligence, it is important to speak with a personal injury attorney from The Kalka Law Group – Personal Injury & Accident Attorneys who can help you understand your rights and legal options.
We offer free consultations, and we know how to assist you. Contact our office right away to discuss the details of your case by calling (678) 270-2377 or filling out the online contact form.